HomeMy WebLinkAbout2002-01-16; Planning Commission; Resolution 51281
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PLANNING COMMISSION RESOLUTION NO. 5128
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
THE SUBDIVISION OF 0.86 ACRES INTO TWO
RESIDENTIAL PARCELS ON PROPERTY GENERALLY
LOCATED AT THE SOUTHEAST INTERSECTION OF
TAMARACK AVENUE AND THE SAN DIEGO NORTHERN
MANAGEMENT ZONE 1.
CASE NAME: SISSON MINOR SUBDIVISION
CASE NO.: CDP 00-46
WHEREAS, Craig Sisson, “Developer/Owner,” has filed a verified application
COASTAL DEVELOPMENT PERMIT CDP 00-46 TO ALLOW
RAILROAD RIGHT-OF-WAY IN LOCAL FACILITIES
with the City of Carlsbad regarding property described as
A portion of Tract No. 233 of Thum Lands, according to Map
No. 1681, filed in the Office of the County Recorder on
December 9, 1915, in the City of Carlsbad, County of San
Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibit “A” dated January 16,2002, on file in the Planning
Department, SISSON MINOR SUBDIVISION - CDP 00-46 as provided by Chapter
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of January 2002,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES SISSON MINOR SUBDIVISION - CDP 00-46 based on the
following findings and subject to the following conditions:
Findinps:
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That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that no agricultural lands or environmentally
sensitive lands exist on or near the site; the frontage of the site is already improved
with a sidewalk allowing pedestrian access; no grading is proposed or authorized
with this parcel map; and since no development is proposed with this map, no
significant visual impacts will occur.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that there is an existing sidewalk along the property’s frontage
on Tamarack Avenue allowing pedestrian access to the west.
The project site is not located in the Coastal Agricultural Overlay Zone, according
to Map X of the Land Use Plan, certified September 1980, and therefore is not
subject to the provisions of the Coastal Agricultural Overlay Zone (Chapter 21.202
of the Zoning Ordinance).
The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no grading or
development is proposed; no steep slopes exist on the property; and the site is not
prone to landslides or susceptible to accelerated erosion, floods or liquefaction.
The project is not located between the sea and the first public road parallel to the
sea and, therefore, is not subject to the provisions of the Coastal Shoreline
Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance).
The project is not located in the Mello I segment of the City’s Coastal Zone and
therefore is not subject to the provisions of the Coastal Resource Overlay Zone
Mello I Segment Ordinance (Chapter 21.205 of the Zoning Ordinance).
That the property cannot be served adequately with a public street without panhandle lots
due to unfavorable conditions resulting from unusual topography, surrounding land
development, or lot configuration, in that the minimum required street frontage for
parcels in the R-1 zone is 60 feet and the 0.86 acre residential parcel has a limited
street frontage of 99.74 feet, thereby precluding a standard subdivision.
That subdivision with panhandle lots will not preclude or adversely affect the ability to
provide full public street access to other properties within the same block of the subject
property, in that the site is adjacent to the undevelopable San Diego Northern
Railroad right-of-way and the other surrounding properties are fully developed
with residential uses.
That the buildable portion of the panhandle lot consists of 18,500 square feet, which
meets the requirements of Section 21 .10.080(c) of the Carlsbad Municipal Code;
PC RES0 NO. 5128 -2-
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That the front, side, and rear property lines of the buildable lot, for purposes of
determining required yards, are as shown on Exhibit “A”, dated January 16,2002.
That any panhandle lot hereby approved satisfies all the requirements of Section
21.10.080(d) of the Carlsbad Municipal Code.
That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15315 - Minor Land
Division of the State CEQA Guidelines. In making this determination, the Planning
Director has found that the exceptions listed in Section 15300.2 of the State CEQA
Guidelines do not apply to this project.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to parcel map.
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If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Coastal Development Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
PC RES0 NO. 5 128 -3-
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The Developer/Operator shall and does hereby agree to indemnifl, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Coastal Development Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein.
The Developer shall submit to Planning Department a reproducible 24" x 36", mylar
copy of the Tentative Map reflecting the conditions approved by the final decision
making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
This approval is granted subject to the approval of MS 00-08 and is subject to all
conditions for that other approval.
At issuance of building permits, or prior to the approval of a final map, the Developer
shall pay to the City an inclusionary housing in-lieu fee as an individual fee on a per
market rate dwelling unit basis in the amount in effect at the time, as established by City
Council Resolution from time to time.
Prior to the issuance of the parcel map, Developer shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of
the Planning Director, notieing all interested parties and successors in interest that the
City of Carlsbad has issued a Coastal Development Permit by Resolution No. 5128 on
the property. Said Notice of Restriction shall note the property description, location of
the file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
PC RES0 NO. 5128 -4-
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Code Reminders:
13. The Devela ’per shall pay park-in-lieu fee :s to the City, prior to the approval of the final
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
14. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days fiom date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired. ...
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PC RES0 NO. 5128 -5-
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Commission
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
of the City of Carlsbad, California, held on the 16th day of January 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Compas, Dominguez,
Heineman, Nielsen, and Segall
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5128 -6-